Author Archives: Tom Egan

Where the appellants sought property tax abatements on the unsubstantiated grounds that they overpaid for their condominium units, they failed to meet their burden of proving that the subject units were overvalued for the fiscal year at issue. “Based on all ...

Where a defendant was convicted of first-degree murder, the conviction must be upheld, as (1) the trial judge did not err in allowing three witnesses to testify that a prosecution witness made prior consistent statements, (2) defense counsel was not ...

Where a defendant bank initiated foreclosure proceedings in 2014 based on a letter sent to the plaintiff borrowers in 2008 informing them of their right to cure a loan default pursuant to G.L.c. 244, §35A, the bank was not statutorily ...

Where a jury convicted a defendant of murder in the second degree, unlawful possession of a firearm, unlawful possession of a loaded firearm and unlawful possession of ammunition, the trial judge did not violate the defendant’s constitutional rights by denying ...

Where an appellant did not file a Massachusetts personal income tax return for the tax year at issue, the Appellate Tax Board did not have jurisdiction to hear or decide his appeal. Accordingly, the appeal must be dismissed. Flynn v. ...

Where a judge entered a judgment declaring that Cedar Street in the town of Douglas is a public way, the judgment must be vacated because the judge responded erroneously to a question from the jury. “At the conclusion of the ...

Where an employer named as the defendant in a disability discrimination suit has requested discovery of the plaintiff’s medical records as well as state records relating to her unemployment benefits, the discovery request should be granted despite the psychotherapist-patient privilege. ...

Where a defendant corporation terminated the plaintiff less than a month after hiring him as President and CEO, the corporation is not entitled to dismissal of the plaintiff’s claim for breach of the implied covenant of good faith and fair ...

Where objectors challenged a settlement of a securities class action, their appeal from a U.S. District Court judge’s approval of the settlement agreement must be dismissed, as (1) the judge remedied any defect in the notice sent to investors and ...

Where a defendant, having deposed the plaintiff’s founder, president and owner, now seeks to depose the same witness in his individual capacity, the plaintiff has not established good cause to prevent the deposition, so its request for a protective order ...